Loading...
HomeMy WebLinkAboutCC MINUTES 1993 09 07MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA SEPTEMBER 71 1993 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Potts at 7:00 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember Thomas. II. INVOCATION The Invocation was given by Mr. Dave Covarrubias, Colonial Bible Church. III. ROLL CALL Council Present: Jim Potts, Mayor Thomas R. Saltarelli, Mayor Pro Tem Leslie Anne Pontious Charles E. Puckett Jeffery M. Thomas Council Absent: None City Clerk: Mary E. Wynn Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Christine Shingleton, Assistant City Manager Fred Wakefield, Police Captain Robert Ledendecker, Director of Public Works Ronald A. Nault, Finance Director Rick Brown, Building Official Richard Zimmer, Redevelopment Program Manager Dana Kasdan, Engineering Services Manager Robert Ruhl, Field Services Manager Gary Veeh, Water Services Manager Doug Anderson, Transportation Engineer Dan Fox, Senior Planner Dana Ogdon, Senior Planner Susan Jones, Recreation Superintendent Joann Lehmer, Associate Planner Katherine Beal, Code Enforcement Officer Valerie Whiteman, Chief Deputy City Clerk Approximately 50 in the audience IV. PROCLAMATION - TUSTIN REHABILITATION HOSPITAL Mayor Potts read and presented a proclamation to Tustin Rehabilitation Hospital recognizing the dedication and commitment to their patients. Sonoma van Rooyen, Tustin Rehabilitation Hospital, thanked the Council for the proclamation. ANNOUNCEMENTS Councilmember Puckett announced that members of Boy Scout Troop No. 656 were in attendance to work on their Citizenship in the Community merit badges; and he introduced former Tustin Mayors, Ronald Hoesterey and Donald Saltarelli, who were instrumental in planning the Civic Center renovation. Mayor Potts thanked Christine Shingleton, Assistant City Manager, for her dedication in overseeing the Civic Center renovation project. Christine Shingleton, Assistant City Manager, recognized past City Council members involved in the Civic Center renovation project; and thanked John Bates and Associates; interior designer, Laura McCants; Project Manager, Ed Elowe, HNTB; and Dillingham Construction. 1 CITY COUNCIL MINUTES Page 2, 9-7-93 V. PUBLIC NEARING 1. ORDINANCE NO. 1115, ROOF COVERING REQUIREMENTS Rick Brown, Building Official, reported that at the July 6, 1993 meeting, Council directed staff to prepare an ordinance upgrading the minimum fire resistive roofing material classification in the City. He stated several homeowner associations had indicated their support in upgrading from Class C to Class B roofing as the required minimum standard. He explained Class B roofing's higher level of fire resistance; plywood sheathing costs; and Roofing Contractors Association's support of Class B roofing. Council/Orange County Fire Marshal Husoe discussion followed regarding Class B roofing increased fire retardant level. Mayor Potts opened the Public Hearing at 7:15 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Thomas seconded by Puckett, to adopt the following Resolution No. 93-84 setting forth findings in conformance with State law for certain local modifications and changes to the Uniform Building Code: RESOLUTION NO. 93-84 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SETTING FORTH FINDINGS WITH RESPECT TO LOCAL CONDITIONS WITHIN THE CITY OF TUSTIN WHICH MAKE CERTAIN MODIFICATIONS AND CHANGES TO THE UNIFORM BUILDING CODE REASONABLY NECESSARY FOR HOUSING OCCUPANCIES Motion carried 5-0. It was moved by Thomas seconded by Saltarelli, that Ordinance No. 1115 have first reading by title only. Motion carried 5-0. Following first reading by title only of Ordinance No. 1115 by the City Clerk, it was moved by Puckett, seconded by Thomas, that the following Ordinance No. 1115 be introduced: ORDINANCE NO. 1115 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SPECIFIC SECTIONS OF ARTICLE 8 OF THE TUSTIN CITY CODE - BUILDING REGULATIONS Motion carried 5-0. 260-40 Mayor Potts expressed concern regarding changing roof standard requirements during the present economic conditions; but, he believed the additional safety provided by Class B roofing would outweigh replacement costs. Councilmember Thomas stated that although Class B roofing was more expensive, it would enhance the property value and provide additional fire safety. Councilmember Puckett noted several fires had occurred in his neighborhood and Class B roofing would provide fire safety and was worth the extra cost. Rick Brown clarified that the proposed ordinance was not retroactive and would require installation of Class B roofing only at the time of reroofing. 2. RECOVERY OF CITY INCURRED COSTS OF A NOTICE TO CLEAN PREMISES AT 1776 NISSON DRIVE Katherine Beal, Code Enforcement Officer, reported that staff received complaints regarding a possible fire hazard at the vacant lot located at 1776 Nisson Road due to overgrown vegetation. She stated the owner of the property had been notified on several occasions regarding the condition of the property; however, they failed to respond. Because of the numerous complaints, potential fire danger, and lack of response by the property owner, staff removed the overgrown CITY COUNCIL MINUTES Page 3, 9-7-93 vegetation, weeds, and debris from the location. She said staff recommended reimbursement of City costs incurred through abatement of this public nuisance. Council/staff discussion followed regarding number of complaints received, notification procedures, and determination of correct property owner. r Mayor Potts opened the Public Hearing at 7:25 p.m. The following member of the audience spoke regarding the noticing procedure: Charles Golden Council/staff discussion followed regarding the appeal process. There were no other speakers on the subject and the Public Hearing was closed at 7:28 p.m. Council/staff discussion followed regarding property owner notification by certified mail and recovery of City incurred costs. It was moved by Pontious. seconded by Puckett, to adopt the following Resolution No. 93-95 approving a special assessment of two thousand four hundred seventy four dollars and fifty cents ($2,474.50) for reimbursement of City costs associated with the abatement of a weed and debris public nuisance: RESOLUTION NO. 93-95 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ASSESSING THE PROPERTY LOCATED AT r— 1776 NISSON ROAD FOR THE COST INCURRED BY THE CITY FOR THE ABATEMENT OF A WEED AND DEBRIS NUISANCE Motion carried 5-0. 440-10 3. VESTING TENTATIVE TRACT MAP NO. 13733 (CALIFORNIA PACIFIC HOMES) Joann Lehmer, Associate Planner, reported the applicant proposed to subdivide an approximate 16.06 -acre site for development of 138 patio home dwelling units. She described the location, density, street system, sidewalks, parking, garages, floor plans, landscaping, pedestrian trail, and stated the conditions of approval included Mello Roos district notification and mailbox location/security. Mayor Potts opened the Public Hearing at 7:30 p.m. The following member of the audience spoke in favor of Vesting Tentative Tract Map No. 13733: Jon Robertson, California Pacific Homes Councilmember Thomas noted the density for the project was greatly reduced, and he complimented staff and the developer A"^ for working together to expedite this project. There were no other speakers on the subject and the Public Hearing was closed at 7:34 p.m. It was moved by Thomas, seconded by Puckett, to approve the Environmental Determination for the project by adopting the following Resolution No. 93-96: RESOLUTION NO. 93-96 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN (FINAL EIR 85-2, AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR VESTING TENTATIVE TRACT MAP NO. 13733 AND ALL FEASIBLE MITIGATION CITY COUNCIL MINUTES Page 4, 9-7-93 MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried 5-0. It was moved by Thomas seconded by Pontious, to approve Vesting Tentative Tract Map No. 13733 by adopting the following Resolution No. 93-97: RESOLUTION NO. 93-97 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP NO. 13733 Motion carried 5-0. 600-70 VI. PUBLIC INPUT 1. MAILBOX/MAIL DELIVERY SERVICE OPTIONS Nick Lau, Offsite Productions, addressed the Council regarding various types of mailboxes and mail delivery service options available to the public. Council/speaker discussion followed regarding theft of mail from cluster mailboxes versus single mailboxes. Christine Shingleton, Assistant City Manager, stated that the City's postmaster was using his discretion in determining the type of mail delivery service and mailbox required in residential developments. She suggested requesting postmaster clarification of postal regulations regarding this matter. Council concurred to direct staff to draft a letter to the Tustin Postmaster requesting clarification of postal regulations governing mailboxes and mail delivery. VII. CONSENT CALENDAR Items No. 2 and 3 were removed from the Consent Calendar by Mayor Potts and Councilmember Puckett. It was moved by Thomas, seconded by Saltarelli, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. 1. APPROVAL OF MINUTES - AUGUST 16, 1993 REGULAR MEETING Recommendation: Approve the City Council Minutes of August 16, 1993. 4. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND THE RELEASE OF BONDS FOR TRACT NO. 13557 Recommendation: Authorize the release of the following bonds for the indicated amounts: Faithful Performance Bond No. 5241-22-36, $601,200.00; Labor and Materials Bond No. 5241-22-36, $300,600.00; and Monumentation Bond No. 5241- 22-34 as recommended by the Public Works Department/Engineering Division. 600-70 5. RELEASE OF SUBDIVISION WARRANTY BOND FOR TRACT NO. 13556 Recommendation: Authorize the release of the following bond for the amount indicated: Warranty Bond No. 5251-21- 81, $13,000.00 as recommended by the Public Works Department/Engineering Division. 600-70 6. CONTRACT FOR EXTENSION OF ELECTRICAL FACILITIES TO TUSTIN RANCH FIRE STATION NO. 43 Recommendation: Approve the contract for extension of electrical facilities to the Tustin Ranch Fire Station No. 43 and authorize the Mayor to execute said contract as recommended by the Public Works Department/Engineering Division. 400-10 7. RESOLUTION NO. 93-98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND REPAIR AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR CALIFORNIA STREET WIDENING/RECONSTRUCTION BETWEEN THIRD STREET CITY COUNCIL MINUTES Page 5, 9-7-93 AND MAIN STREET Recommendation: Adopt Resolution No. 93-98 accepting the works of improvement and repair and authorizing the recordation of the Notice of Completion for subject project as recommended by the Public Works Department/Engineering Division. 400-45 S. DECLARATION OF SURPLUS EQUIPMENT Recommendation: Declare specified equipment surplus and no longer usable as recommended by the Finance Department. 9. ROOF REPAIR AT WATER OPERATIONS OFFICE 380-60 Recommendation: Authorize staff to solicit bids for repair of the roof at the Water Operations office at 235 E. Main Street as recommended by the Public Works Department/Water Services Division. 400-45 10. PURCHASE OF CONTINUOUS, ON-LINE NITRATE MONITORS Recommendation: Authorize staff to solicit bids for purchase of three continuous, on-line nitrate monitors for Beneta, Prospect, and Pankey Wells as recommended by the Public Works Department/Water Services Division. 840-40 CONSENT CALENDAR ITEM NO. 2 - APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Mayor Potts requested clarification of the $2,350.00 Orange County Sanitation District loan amount. William Huston, City Manager, responded that staff would present a report clarifying the matter. It was moved by Potts, seconded by Saltarelli, to approve Demands in the amount of $2,021,777.95 and ratify Payroll in the amount of $614,579.21. Motion carried 5-0. 380-10 360-82 CONSENT CALENDAR ITEM NO. 3 - RESOLUTION NO. 93-89 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE CITY BUDGET AND APPROPRIATING FROM THE ANTICIPATED REVENUES OF THE CITY FOR THE FISCAL YEAR 1993-94 Councilmembers Puckett and Thomas commended staff for presenting a balanced budget at a time when other cities in the State had been forced to reduce services and layoff staff. It was moved by Puckett, seconded by Pontious, to adopt Resolution No. 93-89 appropriating the City's Governmental Funds of $28,098,224.00; Special Revenue Funds, $2,871,236.00; Capital Projects Fund, $5,695,653.00; and the City's Water Enterprise Budget of $15,166,196.00. Motion carried 5-0. VIII. ORDINANCES FOR INTRODUCTION 330-50 1. ORDINANCE NO. 1110, RELATING TO PLACARDS USED TO DENOTE CONDITIONS RELATING TO CONTINUED OCCUPANCY OF BUILDINGS AFTER A DISASTER Rick Brown, Building Official, reported that the Office of Emergency Services in conjunction with the Federal Emergency Management Agency had developed standardized placards for posting occupancy status of buildings and indicating the local jurisdiction's address and phone number. He stated the proposed ordinance would establish authority to post the occupancy status of buildings following a disaster. It was moved by Potts, seconded by Thomas, that Ordinance No. 1110 have first reading by title only. Motion carried 5-0. CITY COUNCIL MINUTES Page 6, 9-7-93 Following first reading by title only of Ordinance No. 1110 by the City Clerk, it was moved by Potts seconded by Puckett, that the following Ordinance No. 1110 be introduced: ORDINANCE NO. 1110 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING A NEW SECTION 8802 TO ARTICLE 8 OF THE TUSTIN CITY CODE RELATING TO PLACARDS USED TO DENOTE CONDITIONS RELATING TO CONTINUED OCCUPANCY OF BUILDINGS AFTER A DISASTER — Motion carried 5-0. 220-05 IB. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 1111, ZONING ORDINANCE AMENDMENT 93-01 It was moved by Puckett seconded by Pontious, that Ordinance No. 1111 have second reading by title only. Motion carried 55=0. Following second reading by title only of Ordinance No. 1111 by the City Clerk, it was moved by Puckett, seconded by Thomas, to adopt the following Ordinance No. 1111: ORDINANCE NO. 1111 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING REGULATIONS AND GUIDELINES RELATING TO AREAS FOR COLLECTING AND LOADING RECYCLABLE MATERIALS IN DEVELOPMENT PROJECTS Motion carried 5-0 (roll call vote). 610-70 X. OLD BUSINESS 1. DATE/TIME FOR FOUNDATION DIRECTOR INTERVIEWS Council concurred to schedule Tustin Community Foundation Board of Director's interviews at the end of the September 20, 1993 Council meeting. 125-45 RI. NEW BUSINESS 1. LETTER OF UNDERSTANDING WITH MICRO CENTER Christine Shingleton, Assistant City Manager, stated this item was also on the Redevelopment Agency agenda. She reported Micro Electronics, Inc. had requested City and/or Redevelopment Agency financial assistance to offset extraordinary costs in their anticipated opening of a Micro Center retail facility at the southwest corner of Edinger and Del Amo Avenues. She said that Micro Center was under a time constraint due to an intended opening of the facility on November 1, 1993, and requested City approval of building permits by September 8, 1993. Micro Center was requesting a Letter of Understanding setting parameters for preparation of a Disposition and Development Agreement to be completed within 90 days. She highlighted Micro Center's background; anticipated sales tax revenue; and lease agreement with Catellus Development Corporation. — William Huston, City Manager, clarified that financial assistance to Micro Center was provided by Redevelopment Agency South Central Project funds and did not involve expenditure of general fund monies; and the City could realize a potential benefit of $5 million in sales tax revenue over the 10 -year term of the agreement. Councilmember Thomas explained that Micro Center must first meet a sales tax threshold before the Redevelopment Agency would provide financial assistance. William Huston, City Manager, noted that Micro Center was a well-managed, financially sound organization and the City was fortunate that the company chose Tustin as an operating site. CITY COUNCIL MINUTES Page 7, 9-7-93 Council/staff discussion followed regarding Micro Center's demographic study. The following member of the audience spoke in favor of approving the Letter of Understanding with Micro Center: David Bishop, Micro Center representative Councilmember Pontious stated she was pleased that Micro Center would have a computer training center at the site and welcomed the company to Tustin. It was moved by Pontious seconded by Thomas, to approve a Letter of Understanding with Micro Center regarding Micro Center's request for financial assistance and authorize the City Manager to sign and transmit to Micro Center the subject Letter of Understanding. Motion carried 5-0. 400-10 SII. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - AUGUST 23, 1993 It was moved by Pontious seconded by Puckett, to ratify the Planning Commission Action Agenda of August 23, 1993. Motion carried 5-0. 120-50 2. AIRPORT STATUS REPORT It was moved by Puckett seconded by Pontious, to receive and file subject report. e� Motion carried 5-0. 690-10 3. SPORTS PARR DESIGN UPDATE It was moved by Pontious seconded by Potts, to receive and file subject report. Motion carried 5-0. 930-30 XIII. PUBLIC INPUT - None SIV. OTHER BUSINESS 1. TRAFFIC ACCIDENT - BRYAN AVENUE/TUSTIN RANCH ROAD Mayor Pro Tem Saltarelli reported a recent traffic accident occurred at Bryan Avenue/Tustin Ranch Road and requested increased Police Department speed limit enforcement in that area. Mayor Potts suggested mobile speed reporting trailer also be utilized. 2. RESCHEDULED COUNCIL MEETING - TUESDAY, OCTOBER 19, 1993 Mayor Pro Tem Saltarelli noted that several Councilmembers would be absent for the regularly scheduled October 18, 1993 Council meeting, due to a League of Cities meeting. Council concurred to conduct the Council meeting on Tuesday, October 19, 1993. 3. CLOSED SESSION - LEGAL MATTERS James Rourke, City Attorney, requested Closed Session regarding legal matters. CITY COUNCIL MINUTES Page 8, 9-7-93 4. BASE CLOSURE TASK FORCE MEETING Councilmember Thomas commended staff for the conduct of the recent Base Closure Task Force meeting, and reported negative press regarding possible use of base site for homeless facilities. He stated staff and Council would evaluate all options available to comply with the McKinney Act. 5. ASSEMBLY BILL 2196 Councilmember Thomas requested that if Assembly Bill 2196 passed the Senate, the City consider changing their 1996 municipal election to coincide with the presidential primary election (4th Tuesday in March) and requested a staff report addressing the issue if the Bill passed. 6. COUNCIL GOAL PLANNING SESSION Councilmember Thomas commented on successful Council goal planning session. 7. ADJOURN MEETING IN MEMORY OF JOHN PLUMER LUDLUM Councilmember Puckett requested adjournment in memory of John Plumer Ludlum, renowned painter and Tustin resident, who recently died. 8. FIRE STATION OPEN HOUSE Mayor Potts reported Fire Station No. 21 would be hosting the 31st Annual Open House on September 18, 1993, and encouraged citizen attendance. 9. AGENDA PACKET EXHIBITS Mayor Potts requested project "exhibits" be excluded from his agenda packet. 10. LEFT -TURN RED ARROW TRAFFIC SIGNALS Mayor Potts reported receiving complaints regarding left -turn red arrow traffic signals and requested a staff report with options for elimination of red -turn arrows; and stated he would enlist Assemblyman Mickey Conroy's assistance to change the law to allow left -turn movement on a red arrow. XV. CLOSED SESSION Mayor Potts announced the City Council would recess to Closed Session to consider personnel matters pursuant to Government Code Section 54957; and regarding legal matters. XVI. ADJOURNMENT Mayor Potts adjourned the meeting in memory of John Plumer Ludlum at 8:25 p.m. The City Council had scheduled a Redevelopment Housing workshop on September 20, 1993, 5:30 p.m., and the next regular meeting of the City Council was scheduled for Monday, September 20, 1993, 7:00 p.m., at the Council Chambers, 300 Centennial Way. JIM POTT r MAYOR n C_ MARY E. I CIT CLERK